Charles F. and Susan G. Glass - Page 37

                                       - 37 -                                         
          enhance the viability of an area or environment in which a fish,            
          wildlife, or plant community normally lives or occurs.”  S. Rept.           
          96-1007, supra at 10, 1980-2 C.B. at 604.  That legislative                 
          history emphasizes that “The committee intends that contributions           
          for this purpose will protect and preserve significant natural              
          habitats and ecosystems”.  Id. at 11, 1980-2 C.B. at 604.                   
               Respondent argues that petitioners have not satisfied any of           
          the examples set forth in the regulations.  We disagree.  LTC’s             
          executive director, Thomas Bailey (Bailey), testified credibly              
          that the property is a “famous” roosting spot for bald eagles and           
          that the conservation easements establish a proper place for the            
          growth and existence of Lake Huron tansy and pitcher’s thistle.             
          Bailey also testified credibly that he has toured the property on           
          various occasions, that the habitat on the encumbered shoreline             
          is a proper and normal environment for Lake Huron tansy,                    
          pitcher’s thistle, and bald eagles, among other species, and that           
          the staff of LTC has seen Lake Huron tansy growing on the                   
          property.  Ms. Glass testified credibly that she also has seen              
          Lake Huron tansy growing on the property and that she has                   
          regularly seen bald eagles there as well.  She also testified               
          credibly that at least one of those eagles roosts on a tree                 
          growing on encumbered shoreline 1.  We also find in the record              
          probative evidence that both Lake Huron tansy and pitcher’s                 
          thistle are considered threatened species which are worthy of               






Page:  Previous  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  Next

Last modified: May 25, 2011